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Penal Code (XLV of 1860)-- ---S. 302--Constitution of Pakistan (1973) , Art. 185(3)--Petitioner convicted and sentenced to death--Petitioner's counsel arguing that the prosecution had not been able to establish motive alleged by it and that the version put forward by prosecution was not sufficient to rule out defence version--Such contention could not be accepted in view of relevant portion of evidence--Case, held, not fit for grant of leave to appeal--Petition dismissed. ORDER ASLAM RIAZ HUSSAIN, J.--Muhammad Yaqub petitioner was tried for the murder of Muhammad Shakeel and he was sentenced to death under section 302, P.P.C. 2. Prosecution produced 3 eye-witnesses in support of its case and also relied on the recovery of Chhuri (P.5) from the petitioner, motive and the medical evidence. 3. The accused-petitioner admitted having killed Muhammad Shakeel but gave a contrary version. 4. Learned trial Court after considering both the versions rejected the defence version and relying on the prosecution evidence, convicted the petitioner and sentenced him to death under Section 302, P.P.C. The High Court rejected his appeal and confirmed the sentence of death. Hence the present petition for leave to appeal. 5. We have heard the learned counsel for the petitioner at considerable length. He strenuously argued that the prosecution has not been able to establish the motive alleged by it and that the version put forward by the prosecution was not sufficient to rule out the defence version. 6. Having gone through the impugned and.the relevant portion of the evidence we are not inclined to agree with the submission. We do not, therefore,…

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